Section 106 Agreements are formal legal documents that are entered into in order to secure planning obligations which are required in order to make a proposed development acceptable in planning terms.
Where Agreements meet the legal requirements under Section 106 Agreement they will be enforceable against the person who enters into the Agreement and any person whom derives title under them. The Agreements bind the land and will run with it.
Local Planning Authorities will want to ensure that they are confident that the obligations can be adequately enforced and it will usually require all persons with an interest in the land to be a party. This can include freeholder owners, long leaseholders and mortgagees to name a few.
How we can help
Our specialist planning lawyers can assist in protecting your commercial interests by ensuring that the terms of the Agreement are not unduly onerous and that any triggers for payment of a contribution or provision of infrastructure are workable for you and the development, as well as advising you on the commercial and personal implications of the Section 106 Agreement.
With complex Section 106 Agreements, our team can advise and draft then often complex and detailed provisions necessary to ensure that the document achieves its intended outcomes, as well as advising and negotiating with the Local Planning Authority on the specific legal terms and obligations that are being sought.
Please see further information on our team of Planning Environmental Law solicitors and our full range of services.